Office of Inspector General
Licensing Division
PO Box 64242
St. Paul, MN 55164-0242
May 1, 2017
Mohamed Warsame, Authorized Agent
Total Home Health Care, LLC
3318 East Lake Street #A
Minneapolis, MN 55406
License Number 1081821 (Home and Community-Based Services)
CERTIFIED MAIL
ORDER TO PAY A FINE
BACKGROUND STUDY VIOLATIONS
Dear Mr. Warsame:
During a license review conducted on April 19, 2017, to determine compliance with Minnesota
Statutes and the provisions governing Home and Community-Based Services under Minnesota
Statutes, chapter 245D, a Department of Human Services (DHS) licensor determined that Total
Home Health Care, LLC did not comply with background study requirements. The
Commissioner is ordering Total Home Health Care, LLC to pay a $400 fine for two background
study violations.
A.
Reason for the Fine
The license holder failed to comply with background study requirements.
Under Minnesota Statutes, section 245A.07, subdivision 3, the Commissioner of Human
Services may fine license holders $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including the failure to comply with
background study requirements.
B.
Statutory Citation and License Violation
Citation: Minnesota Statutes, section 245C.04, subdivision 1, paragraph (f) and section
245C.07, paragraph (e).
Violation: On April 19, 2017, the license holder provided an employee roster for staff
providing Home and Community-Based Services under license number 1081821.
An equal opportunity and veteran-friendly employer
Mohamed Warsame
Page 2
May 1, 2017
Although the DHS licensor determined that two staff persons (SP1 and SP2) had
background studies completed under an unlicensed personal care provider organization
number, no background studies were completed for SP1 and SP2 under license number
1081821.
Under Minnesota Statutes. Section 245C.07, paragraph (e), the provisions of section
245C.07 that allows a single background study in one or more licensed programs or
services do not apply to background studies submitted by unlicensed personal care
provider organizations.
The license holder’s failure to initiate background studies under license number
1081821 for SP1 and SP2 is a violation of background study requirements.
Fine: $400 ($200 per occurrence – two occurrences)
Corrective Action Ordered: Immediately either remove SP1 and SP2 from any positions
allowing direct contact with or access to persons served by the program or submit
background study requests to DHS for SP1 and SP2. After the background studies are
initiated, pending notice from the Commissioner, ensure that SP1 and SP2 do not
provide direct contact services to persons served by the program unless they are under
continuous direct supervision by another staff person who has received a background
study clearance notification from DHS. (See Minnesota Statutes, section 245C.13,
subdivision 2.)
You must comply with the background study requirements in Minnesota Statutes,
chapter 245C. Within 10 days from receipt of this order, you must submit written
documentation to your licensor detailing how compliance has been achieved and how
compliance will be maintained in the future.
C.
Total fine to be paid: $400
D.
Billing and Payment of the Fine
DHS will send you an invoice for the $400 fine. Payment must be made as directed on
the invoice.
A timely request for a contested case hearing under item E shall stay the payment of the
fine until the Commissioner issues a final order. If you decide to exercise your right to a
contested case hearing, do not pay the fine. Following the contested case hearing, the
Commissioner will issue a final order on this matter.
Mohamed Warsame
Page 3
May 1, 2017
Under Minnesota Statutes, section 245A.07, subdivision 3, paragraph (c), clause (5),
when a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder will be personally liable for payment. In the case of a
corporation, each controlling individual is personally and jointly liable for payment.
E.
Right to Request a Contested Case Hearing
You have the right to request a contested case hearing under Minnesota Statutes,
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. If you choose to
exercise this right, your request must be made in writing by certified mail or personal
service. If mailed, the appeal must be postmarked and sent to the Commissioner within
ten (10) calendar days after you receive this order. If a request is made by personal
service, it must be received by the Commissioner within ten (10) calendar days after you
receive this order.
Your request for a contested case hearing must be sent to:
Commissioner, Department of Human Services
c/o Office of Inspector General - Licensing Division
ATTN: Legal Unit
PO Box 64242
St. Paul, MN 55164-0242
If you have any questions regarding the fine, please contact Brittany Raddatz, DHS licensor, at
(651) 431-6591.
Sincerely,
Jill Slaikeu, Unit Manager
Office of Inspector General, Licensing Division